Immediate Family Leave

Understanding Immediate Family Leave is crucial for both employers and employees. This guide comprehensively covers various aspects of Immediate Family Leave, including compassionate, personal/carer’s, and family and domestic violence leave under Australian employment law.

What is Immediate Family?

Immediate family includes:

• Spouse or former spouse
• De facto partner or former de facto partner
• Children (including step and adopted)
• Parents
• Grandparents
• Grandchildren
• Siblings
• The definition extends to immediate family members of the employee’s spouse or de facto partner. Personal/carer’s leave and compassionate leave also cover members of the employee’s household.

Compassionate and Bereavement Leave

Compassionate Leave: Also known as bereavement leave, it allows employees time off for serious illness or injury of, or the death of an immediate family or household member. It also applies after a stillbirth or miscarriage. Employees can take 2 days for each occasion.

Entitlement: Full-time and part-time employees are entitled to paid compassionate leave, while casual employees are entitled to unpaid leave.

Proof: Employers can request evidence such as medical certificates or death notices.

Personal/Carer’s Leave

The purpose of personal/carer's leave is to deal with personal illness or injury or to care for an immediate family member or household member. Our guide to personal/carer's leave covers this entitlement in detail.

Full-time employees get 10 days paid leave per year, part-time employees receive it on a pro-rata basis, and casual employees are entitled to unpaid leave.

Accruals continue during paid personal/carer’s leave or annual leave.

Cashing out of personal/carer’s leave is only possible under certain awards or agreements, and must leave the employee with at least 15 days of leave.

Family and Domestic Violence Leave

All employees, including part-time and casual employees, are entitled to 10 days of paid family and domestic violence leave in each 12-month period. Permanent employees are paid their full rate of pay for the hours they would have worked; casual employees are paid for the hours they were rostered to work.

FDV leave can be used for court attendance, liaising with police, or other safety-related activities.

This leave type is available in full from the start of employment. It does not build up over time and does not carry over.

Confidentiality

• Employers must maintain confidentiality regarding the reasons for taking immediate family leave.
• Disclosure is permitted only if required by law or for protecting someone's life, health, or safety.

Protecting Your Business

• Understand and adhere to the legal obligations regarding Immediate Family Leave.
• Develop clear policies and procedures for managing such leaves.
• Train managers and HR personnel on handling these sensitive issues.

Frequently Asked Questions

1. Who Is Immediate Family for Compassionate Leave Purposes? Includes spouse, children, parents, grandparents, grandchildren, and siblings.
2. How Many Days Compassionate Leave Are Employees Entitled To? Up to two days per occasion.
3. Is Compassionate Leave Separate from Personal Leave? Yes, it is a distinct entitlement.
4. Is Everyone Entitled To Compassionate Leave? All employees, including casuals (unpaid), are entitled.

Conclusion

Immediate Family Leave is a key aspect of employment law, providing essential support for employees during critical times. Employers must ensure compliance with these provisions to create a supportive and lawful workplace environment.

Need Help?

For personalised advice or further information on Immediate Family Leave, call our 24/7 HR advice line on 1300 144 002. Our team of experts can provide guidance tailored to your specific business needs.